PitPat Affiliate Programme Agreement
I. Terms and Conditions
This Affiliate Programme Agreement contains the terms and conditions that apply to your participation in the PitPat Affiliate Programme.
Pitpatpet Ltd (hereafter "PitPat") provides the PitPat Affiliate (hereafter Affiliate) with the opportunity to advertise their products using advertising banners etc.
II. Application procedure
1. You may participate in the PitPat Affiliate Programme if you are at least 18 years old and have full legal capacity.
2. To begin the enrolment process you must submit a completed application to PitPat who will then evaluate the application and notify you as soon as possible whether you have been accepted or rejected.
3. PitPat reserves the right to reject applications for partner websites which they consider unsuitable or inappropriate.
III. Affiliate Obligations
1. Affiliates are obliged to avoid any trademark infringement, especially when purchasing advertising space from providers such as Google AdWords, Yahoo, bing etc. Therefore the following terms and conditions will apply:
a) The Affiliate undertakes to refrain from:
- Running advertising with advertising platforms such as Google Adwords, Yahoo, bing, etc. where the domain pitpat.com is visible or where there is a direct link to pitpat.com.
- Using the word "PitPat" in the advertising copy when using advertising platforms such as Google AdWords, Yahoo, Bing, etc., or to book the advertising using the brand name "PitPat".
- Displaying ads with advertising platforms such as Google Adwords, Yahoo, bing etc. within their "Content Network", in order to ensure that an ad does not display triggered by legally protected keywords.
- Using the following negative list (see below III.1b) terms on providers such as Google Adwords, Yahoo, bing, etc. to display ads that lead to landing pages displaying pitpat.com products or which directly forward to the pitpat.com domain.
b) The Affiliate is obliged to enter the campaign negatives as words to be excluded in every single campaign, so as to avoid the delivery of ads from related broad match keywords. The PitPat partner undertakes to add to their accounts with advertising platforms such as Google Adwords, Yahoo, Bing, etc the terms of the negative list below, each as a "negative keyword" (campaign broad match negative) in each ad campaign to prevent the invoking of ads due to "broad match".
Negative keyword list:
PitPat
Pit Pat
PitPet
Pit Pet
PatPat
Pat Pat
2. Affiliate retargeting activities are subject to consent from PitPat and are not permitted unless prior consent has been given. The Affiliate agrees to contact PitPat via marketing@pitpat.com to request consent before running any retargeting activity. PitPat reserves the right to refuse permission and is not obliged to give a reason. PitPat reserves the right to discontinue retargeting activities at any time.
3. It is prohibited to integrate PitPat advertising on the Facebook pages of Affiliates unless prior consent has been given. The Affiliate agrees to contact PitPat via marketing@pitpatpet.com to request consent before integrating PitPat advertising on their Facebook pages. PitPat reserves the right to refuse permission and is not obliged to give a reason.
4. The Affiliate is responsible for the content and operation of its website, as well as for the correct integration of PitPat advertising material on the named internet page.
5. The format of the advertising material will be defined and created by PitPat. The Affiliate undertakes to integrate the advertising material without any changes or alterations on its website. Any alterations must be discussed with PitPat prior to implementation and need written consent from PitPat. PitPat reserves the right to replace the advertising material / banners at any time and to renew or overwrite them within any given notice period. PitPat will endeavour to inform the Affiliate of any overwriting of standard banners.
6. The Affiliate agrees to remove any advertising from its website if so requested by PitPat.
7. The Affiliate agrees to refrain from using Triple Banners, where multiple banners appear within one placement.
8. The Affiliate's advertising media is registered on the PitPat Affiliate Programme portal. The Affiliate is not permitted to use any additional website or email as an advertising medium without prior approval from PitPat.
9. When advertising from mobile webpages, only those banners available from PitPat may be used. The Affiliate is not permitted to use SMS and MMS as an advertising medium unless prior written consent from PitPat has been obtained.
10. The Affiliate agrees not to send, transmit and/or distribute unsolicited or spam mail or any communication, including email, that in any way suggests or implies that PitPat was the sender or sponsor of such communication or procured or induced you to send such communications. Additionally, you will identify yourself (the Affiliate) as the sender of the communication and ensure the communication does NOT contain a falsified sender name and does NOT include a false or misleading subject line. The recipient must have agreed in advance to receive messages and communications that mention or promote PitPat.
11. The pitpat.com website or elements of the website must not be incorporated or embedded into any website or communication within a frame of any kind.
12. Each click by a user on a link within material advertising PitPat, as shown on the PitPat partner’s website, must forward directly to the PitPat website.
13. The Affiliate must be able to access their website at all times so that all changes can be implemented immediately, even at very short notice.
14. The Affiliate is committed to complying with all trademark rights. It is required to ensure that no violation or infringement on the rights of any third party is committed in the name of PitPat. The affiliate indemnifies PitPat against any third party claims and legal costs resulting from trademark and other Intellectual Property infringement.
15. Unless prior written permission is obtained from PitPat, the Affiliate may only use the trademarks and copyrights of PitPat as contractually agreed.
16. The appearance of the Affiliate’s website must not imply that it is a legal representation of PitPat nor should it convey a declaration of intent on behalf of PitPat.
17. The Affiliate's website must comply with all applicable statutory regulations including data protection laws for the markets in which they are operating.
18. The Affiliate's website may not advertise or positively endorse illegal activities, nor may it make discriminatory statements on the following topics: any kind of violence, pornography, sex, religion, nationality, disability, sexual orientation, age, political and religious concerns, erotic subjects, gambling or banner farms. The creation of links or metatags to such content is also prohibited.
IV. Compensation
1. The Affiliate will receive a commission for each order placed via their advertising of PitPat as stipulated in the Affiliate network. PitPat reserves the right to change the level of commission
Commissions are determined at the sole and exclusive discretion of PitPat. PitPat reserves the right to only reimburse "valid orders". A "valid order":
a) must not be non-cancelled or returned after the valid period in accordance with the return policy of PitPat;
b) must not be made through prohibited advertising activities stated in this agreement or without the consent of the recipient, if such is legally required;
c) must not be fraudulent in any way, including but not limited to, ad hijacking;
d) must not be created for commercial purposes; a commercial purpose is given in particular when it is know that the customer is a reseller (e.g. the buyer is a company) or if the orders shows that the customer doesn’t buy goods in customary domestic quantities only;
e) must not otherwise violate the general terms and conditions of PitPat.
2. PitPat standard cookie duration period is 30 days. PitPat reserves the right to adjust these duration periods at any time.
3. An order must be made within 30 days of clicking on an ad. If the period of time between click and order is longer than 30 days it will not be remunerated.
4. PitPat undertakes to check not tracked sales against accrued sales statistics if necessary and to pay remuneration for up to three months after the transaction date.
5. Should an Affiliate violate these Terms & Conditions, PitPat is permitted to suspend Affiliates and to withhold any open commission from the previous 4 weeks.
V. Duration of contract / termination of contract
1. This contract between PitPat and the Affiliate is for an indefinite duration.
2. Both PitPat and the Affiliate can terminate this contract with a 7 day period of notice. Notice must be given in writing. The right to extraordinary termination of the contract is unaffected. PitPat is entitled to exercise extraordinary termination of the contract if the Affiliate violates Article III.
3. After termination of the contract the Affiliate must immediately delete any advertising materials or information which were received from PitPat.
VI. Final provisions
1. PitPat has the right to alter the Terms and Conditions at any time. The Affiliate will be notified of any changes by email. The Affiliate may file a written objection within 30 days and resign from the PitPat Affiliate Programme. If there are no objections or contract terminations within the 30 days the new conditions are to be considered as accepted.
2. There are no verbal subsidiary agreements. Changes and additions to this contract must be in writing. This applies also to the amendment and annulment of this clause.
3. Should any provision of this agreement be invalid or unenforceable, it will not affect the validity of the other provisions within this agreement. PitPat and the PitPat Affiliate will try to replace the invalid or unenforceable provision with a new provision that is as close as possible legally and economically to the invalid / unenforceable provision. The same applies to any legal loopholes.
